Archive for the 'Scholarship' Category

I’ve posted a new article on the Alien Tort Statute and Kiobel on SSRN. The article, Rethinking the Purely Jurisdictional View of the Alien Tort Statute, demonstrates that the Court should read the Alien Tort Statute as purely jurisdiction, rather than as a hybrid provision both granting jurisdiction to hear claims arising under the law [...]



Random Posts

  • A Classic Oral Argument Passage: Today's New York Times article about Paul Clement, "Lawyer Opposing Health Law is Familiar Face to the Justices", reminds me of an interesti...
  • Change is Fun But...: I'm sad to see Justice Stevens leave the Court for a variety of reasons that have been well documented by people smarter than me. I'm also e...
  • Uninterrupted Distributions Count for OT10 Cases: Docket pages for each case at the Supreme Court list when a case is distributed for a given conference and, therefore, up for consideration....
  • Frequency of Consecutive Opinions Release Days: I've taken a look at the number of opinion days in a given week from OT06 to OT10. In other words, I've taken a look at the number of times ...
  • Traitors to the Cause: 6-3 decisions are, statistically speaking, the least common vote split. Frequently, those cases split along the ideological lines that are s...

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